Rippee v. Kansas City, Fort Scott & Memphis Railroad
Supreme Court of Missouri
Transferred from St. Louis Court of Appeals. (1) A party will not be allowed to sue on one cause of action and recover on another although the same subject-matter may be the subject of the suit. Clements v. Yeates, 69 Mo. 623; Sedalia Gas Light Co. v. Mercer, 19 Mo.
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Transferred from St. Louis Court of Appeals. (1) A party will not be allowed to sue on one cause of action and recover on another although the same subject-matter may be the subject of the suit. Clements v. Yeates, 69 Mo. 623; Sedalia Gas Light Co. v. Mercer, 19 Mo. App. 650; Gurley, v. Railroad, 93 Mo. 450; Ely v. Railroad, 77 Mo. 34; Price v. Railroad, 72 Mo. 414; Waldhier v. Railroad, 71 Mo. 514. (2) The amendment is an entire departure from the original cause of action sued on before the justice. The test of departure in pleading is, will the same evidence support both petitions ? We say…
1Opinion of the CourtGantt, P. J.
This cause has been certified to this court by the St. Louis Court of Appeals, owing to a difference of opinion among the judges of that court.
The plaintiff commenced his action by filing the follow*361ing statement before a justice of the peace in Pleasant Valley township, in Wright county, omitting caption:
“Eor cause of action, plaintiff states that defendant is a corporation and that it does, and on 14th of October, 1895, did own and operate a certain railroad running through said township and county and through the village or city of Mansfield, situate in said township and county, together…
2Cases cited1 opinion
- Minter v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1884
3Cited by14 opinions
- Smith v. Harbison-Walker Refractories Co.Supreme Court of Missouri · 1937
- Burnison v. SoundersMissouri Court of Appeals · 1931
- Stewart v. Van HorneMissouri Court of Appeals · 1902
- State ex rel. First National Bank v. BourneMissouri Court of Appeals · 1910
- Sullivan v. St. Louis-San Francisco Railway Co.Supreme Court of Missouri · 1928
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